Bill Text: FL S0364 | 2014 | Regular Session | Comm Sub


Bill Title: Computer Crimes

Spectrum: Slight Partisan Bill (? 3-1)

Status: (Introduced - Dead) 2014-04-28 - Laid on Table, companion bill(s) passed, see CS/SB 366 (Ch. 2014-177), CS/CS/CS/HB 641 (Ch. 2014-208) [S0364 Detail]

Download: Florida-2014-S0364-Comm_Sub.html
       Florida Senate - 2014                CS for CS for CS for SB 364
       
       
        
       By the Committees on Appropriations; Criminal Justice; and
       Communications, Energy, and Public Utilities; and Senator
       Brandes
       
       
       
       576-04703-14                                           2014364c3
    1                        A bill to be entitled                      
    2         An act relating to computer crimes; amending s.
    3         721.071, F.S.; conforming a cross-reference; amending
    4         s. 815.02, F.S.; revising legislative findings;
    5         amending s. 815.03, F.S.; defining and redefining
    6         terms; amending s. 815.04, F.S.; providing that a
    7         person who willfully, knowingly, and without
    8         authorization introduces a computer contaminant or
    9         modifies or destroys data, programs, or supporting
   10         documentation residing or existing internal or
   11         external to a computer, computer system, computer
   12         network, or electronic device commits an offense
   13         against intellectual property; providing that a person
   14         who willfully, knowingly, and without authorization
   15         discloses or takes data, programs, or supporting
   16         documentation that is a trade secret or is
   17         confidential residing or existing internal or external
   18         to a computer, computer system, computer network, or
   19         electronic device commits an offense against
   20         intellectual property; providing criminal penalties;
   21         amending s. 815.06, F.S.; defining terms; providing
   22         that a person who willfully, knowingly, and without
   23         authorization accesses a computer, computer system,
   24         computer network, or electronic device, disrupts the
   25         ability to transmit data to or from a computer,
   26         computer system, computer network, or electronic
   27         device, damages a computer, computer system, computer
   28         network, or electronic device, or engages in the audio
   29         or video surveillance of an individual without the
   30         individual’s authorization by accessing a computer,
   31         computer system, computer network, or electronic
   32         device commits an offense against the users of
   33         computer networks and electronic devices; providing
   34         exceptions; providing applicability; providing
   35         criminal penalties; creating s. 815.061, F.S.;
   36         defining the term “public utility”; prohibiting a
   37         person from willfully, knowingly, and without
   38         authorization engaging in specified activities against
   39         a computer, computer system, computer network, or
   40         electronic device owned, operated, or used by a public
   41         utility; providing criminal penalties; amending s.
   42         921.0022, F.S.; conforming provisions of the offense
   43         severity ranking chart to changes made by the act;
   44         providing an effective date.
   45          
   46  Be It Enacted by the Legislature of the State of Florida:
   47  
   48         Section 1. Subsection (1) of section 721.071, Florida
   49  Statutes, is amended to read:
   50         721.071 Trade secrets.—
   51         (1) If a developer or any other person filing material with
   52  the division pursuant to this chapter expects the division to
   53  keep the material confidential on grounds that the material
   54  constitutes a trade secret, as that term is defined in s.
   55  812.081, the developer or other person shall file the material
   56  together with an affidavit of confidentiality. “Filed material”
   57  for purposes of this section shall mean material that is filed
   58  with the division with the expectation that the material will be
   59  kept confidential and that is accompanied by an affidavit of
   60  confidentiality. Filed material that is trade secret information
   61  includes, but is not limited to, service contracts relating to
   62  the operation of reservation systems and those items and matters
   63  described in s. 815.04(3) s. 815.04(3)(a).
   64         Section 2. Present subsection (4) of section 815.02,
   65  Florida Statutes, is redesignated as subsection (5), and a new
   66  subsection (4) is added to that section, to read:
   67         815.02 Legislative intent.—The Legislature finds and
   68  declares that:
   69         (4) The proliferation of new technology has led to the
   70  integration of computer systems in most sectors of the
   71  marketplace through the creation of computer networks, greatly
   72  extending the reach of computer crime.
   73         Section 3. Section 815.03, Florida Statutes, is amended to
   74  read:
   75         815.03 Definitions.—As used in this chapter, unless the
   76  context clearly indicates otherwise:
   77         (1) “Access” means to approach, instruct, communicate with,
   78  store data in, retrieve data from, or otherwise make use of any
   79  resources of a computer, computer system, or computer network.
   80         (2) “Computer” means an internally programmed, automatic
   81  device that performs data processing.
   82  (3) “Computer contaminant” means any set of computer
   83  instructions designed to modify, damage, destroy, record, or
   84  transmit information within a computer, computer system, or
   85  computer network without the intent or permission of the owner
   86  of the information. The term includes, but is not limited to, a
   87  group of computer instructions, commonly called viruses or
   88  worms, which are self-replicating or self-propagating and which
   89  are designed to contaminate other computer programs or computer
   90  data; consume computer resources; modify, destroy, record, or
   91  transmit data; or in some other fashion usurp or interfere with
   92  the normal operation of the computer, computer system, or
   93  computer network.
   94         (4) “Computer network” means a system that provides a
   95  medium for communication between one or more computer systems or
   96  electronic devices, including communication with an input or
   97  output device such as a display terminal, printer, or other
   98  electronic equipment that is connected to the computer systems
   99  or electronic devices by physical or wireless telecommunication
  100  facilities any system that provides communications between one
  101  or more computer systems and its input or output devices,
  102  including, but not limited to, display terminals and printers
  103  that are connected by telecommunication facilities.
  104         (5) “Computer program or computer software” means a set of
  105  instructions or statements and related data which, when executed
  106  in actual or modified form, cause a computer, computer system,
  107  or computer network to perform specified functions.
  108         (6) “Computer services” include, but are not limited to,
  109  computer time; data processing or storage functions; or other
  110  uses of a computer, computer system, or computer network.
  111         (7) “Computer system” means a device or collection of
  112  devices, including support devices, one or more of which contain
  113  computer programs, electronic instructions, or input data and
  114  output data, and which perform functions, including, but not
  115  limited to, logic, arithmetic, data storage, retrieval,
  116  communication, or control. The term does not include calculators
  117  that are not programmable and that are not capable of being used
  118  in conjunction with external files.
  119         (8) “Data” means a representation of information,
  120  knowledge, facts, concepts, computer software, computer
  121  programs, or instructions. Data may be in any form, in storage
  122  media or stored in the memory of the computer, or in transit or
  123  presented on a display device.
  124         (9) “Electronic device” means a device or a portion of a
  125  device that is designed for and capable of communicating across
  126  a computer network with other computers or devices for the
  127  purpose of transmitting, receiving, or storing data, including,
  128  but not limited to, a cellular telephone, tablet, or other
  129  portable device designed for and capable of communicating with
  130  or across a computer network and that is actually used for such
  131  purpose.
  132         (10)(9) “Financial instrument” means any check, draft,
  133  money order, certificate of deposit, letter of credit, bill of
  134  exchange, credit card, or marketable security.
  135         (11)(10) “Intellectual property” means data, including
  136  programs.
  137         (12)(11) “Property” means anything of value as defined in
  138  s. 812.012 and includes, but is not limited to, financial
  139  instruments, information, including electronically produced data
  140  and computer software and programs in either machine-readable or
  141  human-readable form, and any other tangible or intangible item
  142  of value.
  143         Section 4. Section 815.04, Florida Statutes, is amended to
  144  read:
  145         815.04 Offenses against intellectual property; public
  146  records exemption.—
  147         (1) A person who Whoever willfully, knowingly, and without
  148  authorization introduces a computer contaminant or modifies or
  149  renders unavailable data, programs, or supporting documentation
  150  residing or existing internal or external to a computer,
  151  computer system, or computer network, or electronic device
  152  commits an offense against intellectual property.
  153         (2) A person who Whoever willfully, knowingly, and without
  154  authorization destroys data, programs, or supporting
  155  documentation residing or existing internal or external to a
  156  computer, computer system, or computer network, or electronic
  157  device commits an offense against intellectual property.
  158         (3)(a) Data, programs, or supporting documentation which is
  159  a trade secret as defined in s. 812.081 which resides or exists
  160  internal or external to a computer, computer system, or computer
  161  network which is held by an agency as defined in chapter 119 is
  162  confidential and exempt from the provisions of s. 119.07(1) and
  163  s. 24(a), Art. I of the State Constitution.
  164         (4)(b)A person who Whoever willfully, knowingly, and
  165  without authorization discloses or takes data, programs, or
  166  supporting documentation that which is a trade secret as defined
  167  in s. 812.081 or is confidential as provided by law residing or
  168  existing internal or external to a computer, computer system, or
  169  computer network, or electronic device commits an offense
  170  against intellectual property.
  171         (5)(4)(a) Except as otherwise provided in this subsection,
  172  an offense against intellectual property is a felony of the
  173  third degree, punishable as provided in s. 775.082, s. 775.083,
  174  or s. 775.084.
  175         (b) If the offense is committed for the purpose of devising
  176  or executing any scheme or artifice to defraud or to obtain any
  177  property, then the person commits offender is guilty of a felony
  178  of the second degree, punishable as provided in s. 775.082, s.
  179  775.083, or s. 775.084.
  180         Section 5. Section 815.06, Florida Statutes, is amended to
  181  read:
  182         815.06 Offenses against computer users of computer networks
  183  and electronic devices.—
  184         (1) As used in this section, the term “user” means a person
  185  with the authority to operate or maintain a computer network or
  186  electronic device.
  187         (2) A person commits an offense against users of computer
  188  networks or electronic devices if he or she Whoever willfully,
  189  knowingly, and without authorization:
  190         (a) Accesses or causes to be accessed any computer,
  191  computer system, or computer network, or electronic device with
  192  the knowledge that such access is unauthorized;
  193         (b) Disrupts or denies or causes the denial of the ability
  194  to transmit data computer system services to or from an
  195  authorized user of such computer system or computer network
  196  services, which, in whole or in part, is owned by, under
  197  contract to, or operated for, on behalf of, or in conjunction
  198  with another;
  199         (c) Destroys, takes, injures, or damages equipment or
  200  supplies used or intended to be used in a computer, computer
  201  system, or computer network, or electronic device;
  202         (d) Destroys, injures, or damages any computer, computer
  203  system, or computer network, or electronic device; or
  204         (e) Introduces any computer contaminant into any computer,
  205  computer system, or computer network, or electronic device; or
  206         (f)Engages in audio or video surveillance of an individual
  207  without that individual’s authorization by accessing any
  208  inherent feature or component of a computer, computer system,
  209  computer network, or electronic device, including accessing the
  210  data or information of a computer, computer system, computer
  211  network, or electronic device that is stored by a third party.
  212  
  213  This section does not apply to a person who has acted pursuant
  214  to a search warrant or to an exception to a search warrant
  215  authorized by law or when acting within the scope of his or her
  216  lawful employment and authorized security operations of a
  217  government or business, and nothing in this act may be construed
  218  to impose liability on a provider of an interactive computer
  219  service as defined in 47 U.S.C. s. 230(f)(2), an information
  220  service as defined in 47 U.S.C. s. 153(24), or communications
  221  services as defined in s. 202.11 if the provider provides the
  222  transmission, storage, or caching of electronic communications
  223  or messages of others; other related telecommunications or
  224  commercial mobile radio service; or content provided by another
  225  person commits an offense against computer users.
  226         (3)(2)(a) Except as provided in paragraphs (b) and (c), a
  227  person who whoever violates subsection (2) (1) commits a felony
  228  of the third degree, punishable as provided in s. 775.082, s.
  229  775.083, or s. 775.084.
  230         (b) A person commits a felony of the second degree,
  231  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  232  if he or she Whoever violates subsection (2) (1) and:
  233         1. Damages a computer, computer equipment or supplies,
  234  computer supplies, a computer system, or a computer network, and
  235  the monetary damage or loss incurred as a result of the
  236  violation is at least $5,000 or greater;
  237         2. Commits the offense for the purpose of devising or
  238  executing any scheme or artifice to defraud or obtain property;
  239  or
  240         3. Interrupts or impairs a governmental operation or public
  241  communication, transportation, or supply of water, gas, or other
  242  public service; or
  243         4.Intentionally interrupts the transmittal of data to or
  244  from, or gains unauthorized access to, a computer, computer
  245  system, computer network, or electronic device belonging to any
  246  mode of public or private transit, as defined in s. 341.031,
  247  
  248  commits a felony of the second degree, punishable as provided in
  249  s. 775.082, s. 775.083, or s. 775.084.
  250         (c) A person who Whoever violates subsection (2) (1) and
  251  the violation endangers human life commits a felony of the first
  252  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  253  775.084, if the violation:
  254         1. Endangers human life; or
  255         2.Disrupts a computer, computer system, computer network,
  256  or electronic device that affects medical equipment used in the
  257  direct administration of medical care or treatment to a person.
  258         (4)(3)A person who Whoever willfully, knowingly, and
  259  without authorization modifies equipment or supplies used or
  260  intended to be used in a computer, computer system, or computer
  261  network, or electronic device commits a misdemeanor of the first
  262  degree, punishable as provided in s. 775.082 or s. 775.083.
  263         (5)(4)(a) In addition to any other civil remedy available,
  264  the owner or lessee of the computer, computer system, computer
  265  network, computer program, computer equipment or supplies,
  266  electronic device, computer supplies, or computer data may bring
  267  a civil action against a any person convicted under this section
  268  for compensatory damages.
  269         (b) In an any action brought under this subsection, the
  270  court may award reasonable attorney attorney’s fees to the
  271  prevailing party.
  272         (6)(5)A Any computer, computer system, computer network,
  273  computer software, or computer data, or electronic device owned
  274  by a defendant which is used during the commission of a any
  275  violation of this section or a any computer or electronic device
  276  owned by the defendant which is used as a repository for the
  277  storage of software or data obtained in violation of this
  278  section is subject to forfeiture as provided under ss. 932.701
  279  932.704.
  280         (7)(6) This section does not apply to a any person who
  281  accesses his or her employer’s computer system, computer
  282  network, computer program, or computer data, or electronic
  283  device when acting within the scope of his or her lawful
  284  employment.
  285         (8)(7) For purposes of bringing a civil or criminal action
  286  under this section, a person who causes, by any means, the
  287  access to a computer, computer system, or computer network, or
  288  electronic device in one jurisdiction from another jurisdiction
  289  is deemed to have personally accessed the computer, computer
  290  system, or computer network, or electronic device in both
  291  jurisdictions.
  292         Section 6. Section 815.061, Florida Statutes, is created to
  293  read:
  294         815.061Offenses against public utilities.—
  295         (1) As used in this section, the term “public utility”
  296  includes each public utility and electric utility as those terms
  297  are defined in s. 366.02; each utility as defined in s. 367.021;
  298  each natural gas transmission company as defined in s. 368.103;
  299  each person, corporation, partnership, association, public
  300  agency, municipality, cooperative, gas district, or other legal
  301  entity and their lessees, trustees, or receivers, now or
  302  hereafter owning, operating, managing, or controlling gas
  303  transmission or distribution facilities or any other facility
  304  supplying or storing natural or manufactured gas or liquefied
  305  gas with air admixture or any similar gaseous substances by
  306  pipeline to or for the public within this state; and any
  307  separate legal entity created under s. 163.01 and composed of
  308  any of the entities described in this subsection for the purpose
  309  of providing utility services in this state, including wholesale
  310  power and electric transmission services.
  311         (2)A person may not willfully, knowingly, and without
  312  authorization:
  313         (a) Gain access to a computer, computer system, computer
  314  network, or electronic device owned, operated, or used by a
  315  public utility while knowing that such access is unauthorized.
  316         (b) Physically tamper with, insert a computer contaminant
  317  into, or otherwise transmit commands or electronic
  318  communications to a computer, computer system, computer network,
  319  or electronic device which cause a disruption in any service
  320  delivered by a public utility.
  321         (3)(a) A person who violates paragraph (2)(a) commits a
  322  felony of the third degree, punishable as provided in s.
  323  775.082, s. 775.083, or s. 775.084.
  324         (b) A person who violates paragraph (2)(b) commits a felony
  325  of the second degree, punishable as provided in s. 775.082, s.
  326  775.083, or s. 775.084.
  327         Section 7. Paragraphs (a) and (c) of subsection (3) of
  328  section 921.0022, Florida Statutes, are amended to read:
  329         921.0022 Criminal Punishment Code; offense severity ranking
  330  chart.—
  331         (3) OFFENSE SEVERITY RANKING CHART
  332         (a) LEVEL 1
  333  
  334  
  335  FloridaStatute    FelonyDegree           Description            
  336  24.118(3)(a)         3rd   Counterfeit or altered state lottery ticket.
  337  212.054(2)(b)        3rd   Discretionary sales surtax; limitations, administration, and collection.
  338  212.15(2)(b)         3rd   Failure to remit sales taxes, amount greater than $300 but less than $20,000.
  339  316.1935(1)          3rd   Fleeing or attempting to elude law enforcement officer.
  340  319.30(5)            3rd   Sell, exchange, give away certificate of title or identification number plate.
  341  319.35(1)(a)         3rd   Tamper, adjust, change, etc., an odometer.
  342  320.26(1)(a)         3rd   Counterfeit, manufacture, or sell registration license plates or validation stickers.
  343  322.212 (1)(a)-(c)   3rd   Possession of forged, stolen, counterfeit, or unlawfully issued driver’s license; possession of simulated identification.
  344  322.212(4)           3rd   Supply or aid in supplying unauthorized driver’s license or identification card.
  345  322.212(5)(a)        3rd   False application for driver’s license or identification card.
  346  414.39(2)            3rd   Unauthorized use, possession, forgery, or alteration of food assistance program, Medicaid ID, value greater than $200.
  347  414.39(3)(a)         3rd   Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
  348  443.071(1)           3rd   False statement or representation to obtain or increase reemployment assistance benefits.
  349  509.151(1)           3rd   Defraud an innkeeper, food or lodging value greater than $300.
  350  517.302(1)           3rd   Violation of the Florida Securities and Investor Protection Act.
  351  562.27(1)            3rd   Possess still or still apparatus. 
  352  713.69               3rd   Tenant removes property upon which lien has accrued, value more than $50.
  353  812.014(3)(c)        3rd   Petit theft (3rd conviction); theft of any property not specified in subsection (2).
  354  812.081(2)           3rd   Unlawfully makes or causes to be made a reproduction of a trade secret.
  355  815.04(5)(a) 815.04(4)(a)   3rd   Offense against intellectual property (i.e., computer programs, data).
  356  817.52(2)            3rd   Hiring with intent to defraud, motor vehicle services.
  357  817.569(2)           3rd   Use of public record or public records information to facilitate commission of a felony.
  358  826.01               3rd   Bigamy.                           
  359  828.122(3)           3rd   Fighting or baiting animals.      
  360  831.04(1)            3rd   Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
  361  831.31(1)(a)         3rd   Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
  362  832.041(1)           3rd   Stopping payment with intent to defraud $150 or more.
  363  832.05(2)(b) & (4)(c)   3rd   Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
  364  838.15(2)            3rd   Commercial bribe receiving.       
  365  838.16               3rd   Commercial bribery.               
  366  843.18               3rd   Fleeing by boat to elude a law enforcement officer.
  367  847.011(1)(a)        3rd   Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
  368  849.01               3rd   Keeping gambling house.           
  369  849.09(1)(a)-(d)     3rd   Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
  370  849.23               3rd   Gambling-related machines; “common offender” as to property rights.
  371  849.25(2)            3rd   Engaging in bookmaking.           
  372  860.08               3rd   Interfere with a railroad signal. 
  373  860.13(1)(a)         3rd   Operate aircraft while under the influence.
  374  893.13(2)(a)2.       3rd   Purchase of cannabis.             
  375  893.13(6)(a)         3rd   Possession of cannabis (more than 20 grams).
  376  934.03(1)(a)         3rd   Intercepts, or procures any other person to intercept, any wire or oral communication.
  377  
  378         (c) LEVEL 3
  379  
  380  
  381  FloridaStatute    FelonyDegree           Description            
  382  119.10(2)(b)         3rd   Unlawful use of confidential information from police reports.
  383  316.066 (3)(b)-(d)   3rd   Unlawfully obtaining or using confidential crash reports.
  384  316.193(2)(b)        3rd   Felony DUI, 3rd conviction.       
  385  316.1935(2)          3rd   Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
  386  319.30(4)            3rd   Possession by junkyard of motor vehicle with identification number plate removed.
  387  319.33(1)(a)         3rd   Alter or forge any certificate of title to a motor vehicle or mobile home.
  388  319.33(1)(c)         3rd   Procure or pass title on stolen vehicle.
  389  319.33(4)            3rd   With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
  390  327.35(2)(b)         3rd   Felony BUI.                       
  391  328.05(2)            3rd   Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
  392  328.07(4)            3rd   Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
  393  376.302(5)           3rd   Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
  394  379.2431 (1)(e)5.    3rd   Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
  395  379.2431 (1)(e)6.    3rd   Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
  396  400.9935(4)          3rd   Operating a clinic without a license or filing false license application or other required information.
  397  440.1051(3)          3rd   False report of workers’ compensation fraud or retaliation for making such a report.
  398  501.001(2)(b)        2nd   Tampers with a consumer product or the container using materially false/misleading information.
  399  624.401(4)(a)        3rd   Transacting insurance without a certificate of authority.
  400  624.401(4)(b)1.      3rd   Transacting insurance without a certificate of authority; premium collected less than $20,000.
  401  626.902(1)(a) & (b)   3rd   Representing an unauthorized insurer.
  402  697.08               3rd   Equity skimming.                  
  403  790.15(3)            3rd   Person directs another to discharge firearm from a vehicle.
  404  796.05(1)            3rd   Live on earnings of a prostitute. 
  405  806.10(1)            3rd   Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
  406  806.10(2)            3rd   Interferes with or assaults firefighter in performance of duty.
  407  810.09(2)(c)         3rd   Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
  408  812.014(2)(c)2.      3rd   Grand theft; $5,000 or more but less than $10,000.
  409  812.0145(2)(c)       3rd   Theft from person 65 years of age or older; $300 or more but less than $10,000.
  410  815.04(5)(b) 815.04(4)(b)   2nd   Computer offense devised to defraud or obtain property.
  411  817.034(4)(a)3.      3rd   Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
  412  817.233              3rd   Burning to defraud insurer.       
  413  817.234 (8)(b)-(c)   3rd   Unlawful solicitation of persons involved in motor vehicle accidents.
  414  817.234(11)(a)       3rd   Insurance fraud; property value less than $20,000.
  415  817.236              3rd   Filing a false motor vehicle insurance application.
  416  817.2361             3rd   Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
  417  817.413(2)           3rd   Sale of used goods as new.        
  418  817.505(4)           3rd   Patient brokering.                
  419  828.12(2)            3rd   Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
  420  831.28(2)(a)         3rd   Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
  421  831.29               2nd   Possession of instruments for counterfeiting drivers’ licenses or identification cards.
  422  838.021(3)(b)        3rd   Threatens unlawful harm to public servant.
  423  843.19               3rd   Injure, disable, or kill police dog or horse.
  424  860.15(3)            3rd   Overcharging for repairs and parts.
  425  870.01(2)            3rd   Riot; inciting or encouraging.    
  426  893.13(1)(a)2.       3rd   Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
  427  893.13(1)(d)2.       2nd   Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university.
  428  893.13(1)(f)2.       2nd   Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility.
  429  893.13(6)(a)         3rd   Possession of any controlled substance other than felony possession of cannabis.
  430  893.13(7)(a)8.       3rd   Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
  431  893.13(7)(a)9.       3rd   Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
  432  893.13(7)(a)10.      3rd   Affix false or forged label to package of controlled substance.
  433  893.13(7)(a)11.      3rd   Furnish false or fraudulent material information on any document or record required by chapter 893.
  434  893.13(8)(a)1.       3rd   Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
  435  893.13(8)(a)2.       3rd   Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
  436  893.13(8)(a)3.       3rd   Knowingly write a prescription for a controlled substance for a fictitious person.
  437  893.13(8)(a)4.       3rd   Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
  438  918.13(1)(a)         3rd   Alter, destroy, or conceal investigation evidence.
  439  944.47 (1)(a)1.-2.   3rd   Introduce contraband to correctional facility.
  440  944.47(1)(c)         2nd   Possess contraband while upon the grounds of a correctional institution.
  441  985.721              3rd   Escapes from a juvenile facility (secure detention or residential commitment facility).
  442         Section 8. This act shall take effect October 1, 2014.

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